Mistrial declared in Glover trial

Published: Friday, March 8, 2013 at 12:58 p.m.

Last Modified: Friday, March 8, 2013 at 12:58 p.m.

“There wasn't no winners today,” William Carter said Friday afternoon, after Judge Alan Thornburg declared a mistrial in the case of the man charged with killing his daughter.

Carter cried as he thought of his daughter, 21-year-old Misty Lynn Carter, who never had the chance to be the mother her sister said she was looking forward to being.

Carter was five to six months pregnant when she was killed. Her body was found along the Blue Ridge Parkway on Oct. 19, 2009. Jermaine Deprie Glover, who shared his home with Carter, was charged with her murder in 2010.

Across the aisle Friday, Glover's family and friends, deflated with disappointment, whispered “no” and shook their heads as the judge declared a mistrial around 2:30 p.m. after jurors said they were "hopelessly deadlocked."

The jury deliberated for 11-and-a-half-hours over three days after nearly two weeks of testimony. In the end, four thought Glover was guilty of first-degree murder, two thought he was guilty of second-degree murder and six said he was not guilty.

Defense attorney Greg Newman asked the judge for a dismissal “for lack of evidence.” The state objected. Thornburg denied the motion.

Newman asked the judge to consider significantly lowering Glover's $1 million bond so the defendant would be able to make bail while waiting for a new trial, which Newman said could take a while.

Thornburg said there would be “no modification” of Glover's bond “at this time.”

Glover was taken back to the Henderson County jail to await a new trial. He has been incarcerated since Aug. 5, 2010.

‘We'd like to see another trial'

Tears stained the cheeks of loved ones as they regrouped Friday.

“We're going to move on and we're going to take it for what it is and if we redo it, we redo it, and if we don't, we'll let God settle the house,” William Carter said. “We'd like to see another trial. The killer of my daughter is still there somewhere. If people feel like it's not Mr. Glover, it's somebody. So this case is not solved.”

Glover's brother shook his head with frustration as he realized his brother was not going to come home. “A million-dollar bond!” he said.

Family members and friends of Glover and Carter have filed into Henderson County Superior Court every day for the past two weeks anxiously awaiting a decision. Both sides hoped a decision would bring closure, but closure never came.

Both sides discussed how long it would take until they have another day in court, as Glover was wheeled out of the courtroom and back to his cell.

“It may be months. They told us when this all began it would be months, and months turned into years, so what do you believe?” William Carter said. “The court system works so slow and they're so short-handed and they're so understaffed. Call the DA's office and see the recording that you get. They don't have the people to even answer the phones, so three or four months? Nah, we've heard that before way too many times.”

William Carter said he believed the evidence pointed to 39-year-old Glover.

Newman told the jury in his closing argument Wednesday that his client has maintained his innocence and never wavered from his testimony. Glover said he was home watching television the night investigators believe Carter was killed.

A neighbor told detectives he saw the glow of a TV from a window at Glover's home around midnight and that Glover's car was parked outside between 6 and 6:30 a.m. the following morning. The neighbor died in 2011.

But Jerry Knaus, formerly of Fairview, identified Glover as the driver of a truck he almost ran into on his way up the parkway before he found Misty Carter's body between mile markers 395 and 396 at 6:32 a.m.

A state forensic pathologist testified that Misty Carter died of a chop wound to the skull before her head was shrouded in plastic and fabric. Forensic experts say she was then doused in gasoline and set on fire.

Key to the killer

Newman argued that the key to the killer lies in a text message sent from Carter's phone shortly before midnight on the night she died.

Misty Carter's phone was never found, he said, adding that the state presented no phone records or call history of the deceased or the accused.

The texts sent from Carter's phone to her sister, Crystal Branson, said Misty Carter was in a parking lot waiting on a "new client" who was paying her for her time. Newman said the text from Carter's phone also mentions a man named Steve, whom her sister identified as Steve Green. He said Green, who hooked her up with clients in her personal massage business, was interviewed only once by police.

Branson doubted the text messages came from her sister since some words which Misty Carter would have abbreviated were not, and two words which were misspelled would not have been.

Misty Carter's car was found in the wee hours of Oct. 20, 2009 at a truck stop about a mile from Glover's home. Her blood stained the front passenger seat. A forensic biologist testified that her blood, along with Glover's, was also found in the home they shared.

Taking the stand in his own defense, Glover explained Misty Carter's blood on their couch as droplets from when she would cut herself shaving her legs. He said his leg, which was amputated in 2003, would often bleed from an infection he contracted.

Newman argued that the few spots and “droplets” that were discovered in the house were not found in a “splatter,” as might be the case with the type of killing Glover is accused of.

Glover submitted to four interviews with investigators. In his first interview Oct. 20, 2009, he offered a DNA sample. In his last interview on July 13, 2010, he submitted his phone for testing.

The prosecution and defense submitted 440 pieces of evidence and called more than a dozen witnesses to the stand during the nearly two-week long trial. The jury foreman said they were “deadlocked” shortly after they reconvened for deliberations Friday morning.

At 2:30 p.m., he offered no hope that they would reach a consensus, submitting a final note to the judge that read, “Very strong opinions on both sides without any hope of change. Same vote as lunch.”

Minutes before noon, the jury passed a note to Thornburg showing a slight majority of five votes of not guilty. Another note simply read, “lunch?”

After 11 hours of deliberation, the judge excused them for lunch, asking them to return for more discussions at 1:30 p.m. He reminded the jurors of their “duty to do whatever you can to reach a verdict.”

But the jury foreman told the judge that they remained “at an impasse.”

<p>“There wasn't no winners today,” William Carter said Friday afternoon, after Judge Alan Thornburg declared a mistrial in the case of the man charged with killing his daughter.</p><p>Carter cried as he thought of his daughter, 21-year-old Misty Lynn Carter, who never had the chance to be the mother her sister said she was looking forward to being.</p><p>Carter was five to six months pregnant when she was killed. Her body was found along the Blue Ridge Parkway on Oct. 19, 2009. Jermaine Deprie Glover, who shared his home with Carter, was charged with her murder in 2010.</p><p>Across the aisle Friday, Glover's family and friends, deflated with disappointment, whispered “no” and shook their heads as the judge declared a mistrial around 2:30 p.m. after jurors said they were "hopelessly deadlocked."</p><p>The jury deliberated for 11-and-a-half-hours over three days after nearly two weeks of testimony. In the end, four thought Glover was guilty of first-degree murder, two thought he was guilty of second-degree murder and six said he was not guilty.</p><p>Defense attorney Greg Newman asked the judge for a dismissal “for lack of evidence.” The state objected. Thornburg denied the motion.</p><p>Newman asked the judge to consider significantly lowering Glover's $1 million bond so the defendant would be able to make bail while waiting for a new trial, which Newman said could take a while.</p><p>Thornburg said there would be “no modification” of Glover's bond “at this time.”</p><p>Glover was taken back to the Henderson County jail to await a new trial. He has been incarcerated since Aug. 5, 2010.</p><p><b>'We'd like to see another trial'</b></p><p>Tears stained the cheeks of loved ones as they regrouped Friday. </p><p>“We're going to move on and we're going to take it for what it is and if we redo it, we redo it, and if we don't, we'll let God settle the house,” William Carter said. “We'd like to see another trial. The killer of my daughter is still there somewhere. If people feel like it's not Mr. Glover, it's somebody. So this case is not solved.”</p><p>Glover's brother shook his head with frustration as he realized his brother was not going to come home. “A million-dollar bond!” he said.</p><p>Family members and friends of Glover and Carter have filed into Henderson County Superior Court every day for the past two weeks anxiously awaiting a decision. Both sides hoped a decision would bring closure, but closure never came.</p><p>Both sides discussed how long it would take until they have another day in court, as Glover was wheeled out of the courtroom and back to his cell.</p><p>“It may be months. They told us when this all began it would be months, and months turned into years, so what do you believe?” William Carter said. “The court system works so slow and they're so short-handed and they're so understaffed. Call the DA's office and see the recording that you get. They don't have the people to even answer the phones, so three or four months? Nah, we've heard that before way too many times.”</p><p>William Carter said he believed the evidence pointed to 39-year-old Glover.</p><p>Newman told the jury in his closing argument Wednesday that his client has maintained his innocence and never wavered from his testimony. Glover said he was home watching television the night investigators believe Carter was killed.</p><p>A neighbor told detectives he saw the glow of a TV from a window at Glover's home around midnight and that Glover's car was parked outside between 6 and 6:30 a.m. the following morning. The neighbor died in 2011.</p><p>But Jerry Knaus, formerly of Fairview, identified Glover as the driver of a truck he almost ran into on his way up the parkway before he found Misty Carter's body between mile markers 395 and 396 at 6:32 a.m.</p><p>A state forensic pathologist testified that Misty Carter died of a chop wound to the skull before her head was shrouded in plastic and fabric. Forensic experts say she was then doused in gasoline and set on fire.</p><p><b>Key to the killer</b></p><p>Newman argued that the key to the killer lies in a text message sent from Carter's phone shortly before midnight on the night she died.</p><p>Misty Carter's phone was never found, he said, adding that the state presented no phone records or call history of the deceased or the accused.</p><p>The texts sent from Carter's phone to her sister, Crystal Branson, said Misty Carter was in a parking lot waiting on a "new client" who was paying her for her time. Newman said the text from Carter's phone also mentions a man named Steve, whom her sister identified as Steve Green. He said Green, who hooked her up with clients in her personal massage business, was interviewed only once by police.</p><p>Branson doubted the text messages came from her sister since some words which Misty Carter would have abbreviated were not, and two words which were misspelled would not have been.</p><p>Misty Carter's car was found in the wee hours of Oct. 20, 2009 at a truck stop about a mile from Glover's home. Her blood stained the front passenger seat. A forensic biologist testified that her blood, along with Glover's, was also found in the home they shared.</p><p>Taking the stand in his own defense, Glover explained Misty Carter's blood on their couch as droplets from when she would cut herself shaving her legs. He said his leg, which was amputated in 2003, would often bleed from an infection he contracted. </p><p>Newman argued that the few spots and “droplets” that were discovered in the house were not found in a “splatter,” as might be the case with the type of killing Glover is accused of. </p><p>Glover submitted to four interviews with investigators. In his first interview Oct. 20, 2009, he offered a DNA sample. In his last interview on July 13, 2010, he submitted his phone for testing.</p><p>The prosecution and defense submitted 440 pieces of evidence and called more than a dozen witnesses to the stand during the nearly two-week long trial. The jury foreman said they were “deadlocked” shortly after they reconvened for deliberations Friday morning.</p><p>At 2:30 p.m., he offered no hope that they would reach a consensus, submitting a final note to the judge that read, “Very strong opinions on both sides without any hope of change. Same vote as lunch.”</p><p>Minutes before noon, the jury passed a note to Thornburg showing a slight majority of five votes of not guilty. Another note simply read, “lunch?”</p><p>After 11 hours of deliberation, the judge excused them for lunch, asking them to return for more discussions at 1:30 p.m. He reminded the jurors of their “duty to do whatever you can to reach a verdict.”</p><p>But the jury foreman told the judge that they remained “at an impasse.”</p><p>Reach Weaver at Emily.weaver@blueridgenow.com or 828-694-7867.</p>